Friday, July 1, 2011

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Has anyone here gone through the new visa form process and can share experience?

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tinamatthew

07-17 10:49 PM

I only know information about I-485 filing but do not know what to expect after it is filed?

Can someone tell me what to expect after things are in place? Like expecting Receipt date, fingerprinting - how many of them, what to look for and what to watch out for etc. A consolidated discussion may help many who are unaware of the system.

Who will get such information, lawyer or the applicant?

In normal circumstances (without the floodgates open) you would get a receipt within 2-3 weeks after the application is submitted. Fingerprinting happens soon after (still within a month). Then you get an EAD first, then the AP. In all this your lawyer will be informed as well as you. Sometimes your lawyer gets to hear first b4 you.

...Wait for approval of i-140 depending on date they are processing at NSC. Hope this helps. this is my 2 cents

AUTHOR: Frank McCourt

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03-10 07:20 AM

Great tip from AILA for our H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR � 655.730(b)), if you want your LCA in hand before April 1, then set your employment start date on the LCA for a date in September, and set the expiration date for a date no more than three years hence. File the I-129 with a start date of October 1, but with an expiration date that coincides with the expiration date of the LCA. You will lose a couple of days on the back end of the petition by doing this, but you will get the LCA filed and back before April 1.

Example:

LCA start date: 9/1/10

LCA end date: 8/31/13

Form I-129 start date: 10/1/10

Form I-129 end date: 8/31/13

Due to delays in receiving approved LCAs, take the proper precautions and file your LCA early to avoid any undue delays.

Although under certain circumstances USCIS has agreed to accept H-1B petitions for processing that include LCAs that have not been certified, attorneys should understand that if the LCA submitted with the H-1B petition is eventually denied, the H-1B (http://www.h1b.biz/lawyer-attorney-1137085.html) will be denied, even if a subsequent certified LCA is submitted. This is even true where the denial is due to DOL error in not being able to verify a petitioner's FEIN. However, USCIS has also indicated that if the sole reason for failing to apply for an Extension of Status or Change of Status is due to DOL delay in the certification process, USCIS may look at the totality of the circumstances in determining whether to accept the late filing.

Bottom line is that getting an approved LCA before April 1, 2010 is crucial. Pay attention to detail and get the files ready in advance is a must.

ok this is a little unusual, my exp so far has been the checks are almost always cashed within 3-4 days, call cust center or take infopass and follow up, if you have a lawyer then ask him to check on it. However i am not sure why your application reached VSC. We have been applying for advance parole document at NSC for the last few years. This time also we sent our application to NSC on 01/28/2010.

However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.

Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.

I am wondering if USCIS started processing I-131 applications at VSC. Or our application is mistakenly misclassified and sent to VSC.

On Sept. 14, President Bush signed the Honest Leadership and Open Government Act of 2007, an ethics and lobbying reform bill, which enforces a number of new restrictions.

Under the new law, lobbyists are prohibited from providing gifts, food, beverage and travel to Members of Congress, their staff or employees. A violation of this law could result in civil fines and/or criminal prosecution for the Company and individuals involved.

?????

This is already known. How is this directly related to immigration or IV? Please make a point because I failed to notice it. This thread should be closed.

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GCard_Dream

01-03 12:14 PM

If I were you, I would just do a little search in the forum and close this thread. There was an extensive discussion on this very topic for days and the thread had to be eventually closed because it was taking ugly turns. Let's not go that route again. I'll post the link to that thread here if I find it.

Here is the link: http://immigrationvoice.org/forum/showthread.php?t=2664&highlight=I-485. It was started by logiclife.

does anyone know if IV core will push to get the 485 relief (ability to file without visa number availeble) and what is the chance to get it befor of until the 15/february?.

I used the AR-11 form for the change of my address. I did it online. Also, while changing there is an option to change the address for any pending petition. In my case it is the I-485, which I changed. My question is, how to verify if the address has actually changed in the system at USCIS. I checked my case status online and did not see any LUD's.

Please let me know if anyone of you have done the change of address and share your experience.

Thanks!!!

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geniousatwork

03-31 05:15 PM

I believe your sister can apply for you int he 4th Family based category.

Below is the family based catgory, you can find this in any visa bulletin too.

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

If (Less Probability..) i get my 485 approved and not able to add my Spouse's to my 485.

What would be my Options.

Please advice.

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saileshdude

10-16 01:10 PM

I was in a similar situation as you and had to use this firm. H1B filing experience was fine but the entire GC process and filing was not a good experience at all. There were days I had to call the paralegal and teach him the new immigration laws and that's never a good sign ! Because of their mistake I was stuck in Eb3 rather being in Eb2. May be they will deal differently with your case but have a chat with them and your company managers before you agree to use them. I m with another company and another attorney firm and they are awesome !

I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?

If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?

Thanks k

You have to apply a new I-140 for the EB2 only then you can interfile with I-485.

I am trying to schedule a visa appointment date and VFS website doesn't show any consulate except chennai!! can somebody please let me know what should be the reason? Last week, I was able to see Mumbai and Chennai and now Mumbai is gone! Is this because no appointments dates are available or something wrong with the website. I tried using different browsers, clearing cache, etc. but no help so far. Please help me. Will really appreciate your response.

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jettu77

09-28 02:51 PM

Do we need to have the original receipt notices.

I asked my attorney and he said that the copies would be fine. He sent me scanned receipt notices via e-mail and says that it will be fine and not ready to send the originals for some reason.

Can you guys think of any reason attorney not willing to give the original receipt notices?

Thanks.

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gcmaker

03-26 10:05 PM

I don't think that would work. Here are a couple of articles that seem to suggest that you cannot create your company on H-1B (http://www.laborimmigration.com/2008/01/starting-own-company-on-h-1b-visa/) and also that you cannot volunteer to do a job which would otherwise by a paying job (http://www.laborimmigration.com/2008/02/unpaid-volunteer-work-on-h-1b-h-4-or-f-1-visas/)

Hope that helps.

As a H1B holder, can I start a new company and volunteer for it while I am holding a full-time job for the company that sponsors me the visa? I am expecting the new company to gain a profit, of course.:)

GCard_Dream

06-07 10:55 AM

One of my family member came to US on visitor visa a year ago. She was granted 6 months visa at the port of entry. After 6 month, she filed for another B1/B2 extension with USCIS and was granted another 6 month of stay. The 6 month extension is about to expire.

She had booked her tickets and got ready to leave but unfortunately she became seriously ill and currently is not in a condition to travel. She is going through medical treatment but because of the seriousness of the illness, it might take another couple of months before she is healthy enough to travel.

Now the question is can she apply for 2nd extension of visa based on medical ground. By law, can she even file for a 2nd extension given that she has already been in the country for about 12 months. I talked to an attorney and he said that she can file but likelihood of getting another extension is very low.

If another B1/B2 extension is not possible, is there any other kind of visa available for her to stay here while she is going through the medical treatment?

Thanks for the help in advance.

waiting_4_gc

07-14 02:26 PM

Hi, My 485 status on USCIS site is showing Document production or Oath Ceremony. The status changed on 7/8/2010. What does this status mean. Does this mean approval? How long does it take to recieve the actual card once the case enters to this state. Thanks in advance.